What are the Phases of a Personal Injury Claim?
Personal Injury law occurs when one experiences physical or psychological harm. The injury is the cause of another person’s or business’ wrongful conduct or carelessness.
It’s, however, important to realize that not every injury results in a personal injury claim or any legal liability. The process, too, is not all smooth and straightforward. Below are the stages building up to a personal injury claim.
Finding an Attorney
The first step of a personal injury case gets in motion after being injured and deciding to make a case. Your decision to file a lawsuit depends on the evidence and severity of the injury. If you can’t agree on a settlement on the scene, find an injury lawyer.
It is highly recommended you pursue a personal injury claim with the help of a legal representative. Your injury lawyer must specialize in individual injury cases. Such lawyers are found in personal injury claims management companies or law firms such as Stone Rose Law.
A Complaint Is Filed and Served
After your lawyer assures you have a case, you’ll file a personal injury complaint in court. The stage is referred to as pre-action protocols. A defendant-person who injured you is identified then sent a letter of claim. It documents the case filed in detailed happenings and injuries they caused you.
The defendant is given time, usually a month, to respond to the claims. They use this time to find an attorney and evidence that might show otherwise. After the agreed lawful period, the defendant is now required to agree or deny legal responsibilities.
Pre-Trial and Evidence Gathering
If the defendant denies any responsibility towards injuries inflicted on you, the court orders evidence gathered. Both legal representations will meet with the judge and offer case proceedings before trial date.
Evidence for the case is gathered in detail, finding witnesses and any helpful material. The time limit on this phase varies and could last up to months. If the defendant takes responsibility, your team will move straight towards gathering medical evidence.
Medical evidence shows the severity and effects of the injury on your health and life. Whether or not the defendant assumes responsibilities, this evidence is still necessary. It determines the nature of your compensation and claims.
Potential Settlement Negotiations
After the pre-trial and evidence gathering phase, your attorney will try to work out any reasonable settlements. Court-time and legal costs can be expensive, depending on how long the case takes. To cut on the costs, both lawyers could meet and find a way forward for their clients. Most likely, this will involve the defendant settling damages for the injury caused.
Court Proceedings
In case of failure to settle, the matter is now presented in court for trial. Depending on the nature of compensation, the case could last for a few days or more. Attorneys will share evidence, and the judge or jury will decide whether the defendant is guilty or innocent. If the defendant is found guilty, they are asked to pay you money as compensation.
Most personal injury cases end up settled before trial. Unless necessary, your lawyers will try to have you paid before the trial for your best interests.
